SAMNA KOL Vs. POORAN LAL

JUDGEMENT

(1.) THE appellants have filed this appeal being aggrieved by the judgment and decree dated 10.1.2006 passed by the Additional District Judge (Fast Track) Amarpatan, District Satna in Civil Appeal No.121-A/05 whereby the judgment and decree passed by the Civil Judge Class-I, Maihar in Civil Suit No.74-A/1996 dated 28.6.2004 has been affirmed.

(2.) THE brief facts, leading to the filing of the present appeal, are that the appellant/defendant no.1, who is the owner of Khasra Nos.218, 217 and 221 of village Kalyanpur, sold the said lands to the respondents after obtaining due permission in that regard from the Collector, Satna on 23.11.1992 and 25.5.1993 by sale deeds dated 12.7.1993 and 22.4.1993, as he is in need of money for the marriage of his daughter. However, subsequently, the appellants filed an application before the revenue authorities under section 170- B of the M.P. Land Revenue Code (hereinafter referred to as 'the Land Revenue Code'), alleging that the respondents had taken over forcible possession of the land and that the land had been sold in contravention of the provisions of Section 170-B as well as 165 of the Land Revenue Code as due and proper permission was not obtained from the authorities and on the basis of the said application the Sub Divisional Officer concerned passed order dated 25.2.2003 permitting the appellants to take over possession of the disputed land holding the sale to be in contravention of law.

(3.) THE appellants, being aggrieved by the judgment and decree of both the courts below have filed this second appeal on the following substantial questions of law:-